HomeMy WebLinkAboutReso 1972-6589RESOLUTION N0. 6589
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APP ROVING SETTLEMENT AGREEMENT AND
AUTHORIZING THE MAYOR TO SIGN RELEASES REGARDING
A SUIT FILED BY THE CITY OF CHULA VISTA AGAINST
EDGINGTON OIL COMPANY AND WITCO CHEMICAL CORPORATION
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City of Chula Vista has been joined as parties
plaintiff by the State of California Department of Justice in a lawsuit
against several oil companies who are alleged to have defrauded the
cities in the construction of asphalt roads, and
WHEREAS, Edgington Oil Company and Witco Chemical Corpor-
ation, two of the defendants in this case, have agreed to settle the
action with regard to them alone for the amount of $100,000.00, and
WHEREAS, the Office of the Attorney General has advised
the City that these funds are needed in order to finance the rest
of the suit against the other oil companies, and
WHEREAS, this settlement appears to be just on its face.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula Vista that the settlement of the suit filed on behalf
of the City of Chula Vista against Edgington Oil Company and Witco
Chemical Corporation as set forth in the settlement agreements dated
September 5 , 1972, entered into on behalf of the City of
Chula Vista by its counsel is hereby authorized, approved and ratified.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula
Vista be and he is hereby authorized and directed to execute the
Final Releases in this matter.
Presented by Approved as t fo by
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Geor ~~D. Lin berg, City Att ey George D. Lindberg, City Attorney
RESOLUTION N0. 6589
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 5th day of Sertember , 197 ,
by the following vote, to-wit:
AYES: Cauncti.2men SCOTT, NOBEL, HAMILTON, HYDE
NAYES: CaunC~..2men NONE
ABSENT: Caunc~.~.men EGDAHL
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, J~NNI~ M~ ~ULASZ, C.c~y C.~etcFi a~ the C~~y a~ China Vtit,~a,
Ca~~.~atcn~.a, DO H~R~~y C~RTI ~y ~ha~ the abase and ~atcega~.ng ti~ a ~u.~.2,
~tcue and catctcec~ cagy a{~
and ~ha~ the ~5ame hats nab been amended atc tce~ea~.ed.
DAT~1J
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EVELLE J. YOUNGER, Attorney General
of the State of California
MICHAEL I. SPIEGEL
CAROLS A. KORNBLUM
RICHARD N. LIGHT
Deputy Attorneys General
6000 State Building
San Francisco, Calif. 94102
(415) 5573415
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
IN RE COORDINATED PRETRIAL ) Master File No.
PROCEEDINGS IN WESTERN LIQUID ) 50173 RES Civil
ASPHALT GASES 1
THIS DOCUMENT RELATES T0:
THE STATE OF CALIFORNIA, et al.,
Plaintiffs,
v.
STANDARD OIL COMPANY OF CALIFORNIA,
et al.,
Defendants.
Civil Action No.
sllo7
FINIAL RELEASE
FOR VALUABLE CONSIDERATION, the receipt of which is
hereby acknowledged, mt,P city of ~huia y;sta a Municipal
Corporation
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acting by and through its duly authorized undersigned officer,
does hereby release and discharge Edgington Oil Company, and
the present and former officers, directors, employees, agents,
attorneys, subsidiaries, affiliates, and successors of such
company, from any and all claims and demands of whatever nature,
anticipated or unanticipated, known or unknown, as indicated
below:
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1. All claims and demands based in whole or in part
on the facts, or any of them, asserted in the complaint or
other pleadings, records or documents in the case of the State
of California,_et al. v. Standard Oil Company of California,
et al., Civil Action No. 51107.
2. All claims and demands based upon monopolization,
attempt to monopolize, conspiracy to monopolize, conspiracy or
combination in restraint of trade, and unfair competition, in
connection with the manufacture, marketing and sale of liquid
asphalt up to and including the date of this release.
3. Any and all claims and demands arising out of,
or by virtue of, any alleged violations of the laws or regula-
tions of the United States Government, or any agency thereof,
or the laws of any of the several states or political divisions
thereof, or any agency thereof, in connection with the manu-
facture, marketing and sale of liquid asphalt up to and includin~
the date of this release.
This release is not intended to and does not release
or in any way narrow any claims against any other person or
entity, including any other defendant named in the case cited
above.
Executed this - day of 1972.
} t ~ _ ('~
is Du y ut o ize 0 icer
Thomas D. Hamilton, Mayor
ttorney
George D. Lindberg
2.
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